ISCR Case 06-17178.h1

Case Headnote

ISCR Case No. 06-17178.h1

grantedMar 28, 2007· Hon. Shari Dam· hearing

Summary

A 45-year-old former U.S. Navy member applied for a security clearance, prompting a review under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The Statement of Reasons cited multiple alcohol-related arrests, specifically for Driving While Intoxicated (DUI) in November 1990, Operating a Motor Vehicle While Under the Influence of Alcohol in October 1992, and another DUI in September 2004. Additionally, the applicant failed to disclose these alcohol-related arrests on his January 2004 security clearance application.

Despite these disqualifying conditions, the applicant demonstrated significant mitigating factors. He showed credible remorse and understanding of the consequences of his past actions, successfully completing all court-ordered terms following his 2004 DUI conviction. He has maintained sobriety and had no further incidents for over two years.

The applicant's wife provided testimony confirming his positive behavioral changes and commitment to sobriety, highlighting his responsibility for his family's well-being. The judge determined that the applicant had successfully mitigated the security concerns under the relevant guidelines, and the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated credible remorse and understanding of the consequences of his past alcohol-related behavior.
He successfully completed court-ordered terms following his DUI conviction and has not had any incidents for over two years.
The applicant's wife testified to his positive behavioral changes and commitment to sobriety.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety
E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
E2.A10.1.3.6appliedClear Evidence of Successful Rehabilitation

Key Rule Quoted

“An applicant "has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedAug 31, 2006
Answer filedOct 17, 2006Insufficient; resubmitted December 22, 2006
Hearing heldFeb 28, 2007Record left open until March 16, 2007
Decision dateMar 28, 2007

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Successful Rehabilitation After Criminal Conduct Under Guideline J
Credibility of Applicant's Explanation for Omissions in Security Clearance Application Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status determines security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Admitted	—	(a) prompt, good-faith correction before being confronted	Claimed Explanation of Omission Credible
3.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status determines security clearance eligibility or trustworthiness, or award fiduciary responsibilities.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Admitted

—

(a) prompt, good-faith correction before being confronted

Claimed

Explanation of Omission Credible

3.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested and charged with Driving While Intoxicated (DUI) in November 1990, and Operating a Motor Vehicle While Under the Influence of Alcohol in October 1992.	For Applicant	DUI or DWI Alcohol	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	The applicant was arrested and charged with another DUI in September 2004.	For Applicant	DUI or DWI Alcohol	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.c	The applicant failed to disclose his alcohol-related arrests in his January 2004 security clearance application.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.d	The applicant has not participated in any rehabilitative program since his 2004 DUI conviction.	For Applicant	Treatment Non Compliance	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested and charged with Driving While Intoxicated (DUI) in November 1990, and Operating a Motor Vehicle While Under the Influence of Alcohol in October 1992.

For Applicant

DUI or DWI Alcohol

Admitted

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.b

The applicant was arrested and charged with another DUI in September 2004.

For Applicant

DUI or DWI Alcohol

Admitted

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.c

The applicant failed to disclose his alcohol-related arrests in his January 2004 security clearance application.

For Applicant

Unspecified Alcohol Incident

Admitted

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.d

The applicant has not participated in any rehabilitative program since his 2004 DUI conviction.

For Applicant

Treatment Non Compliance

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		Convicted		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a–2.c

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Convicted

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES